The petitioner seeks for a Writ of Mandamus directing the respondent to return his Original Driving License bearing D.L.TN41 19990003166 ? Endorsement No. TN57/DLR/0004639/2017.
2. The Division Bench of this Court had earlier, considered the scope under
Section 19(1) of Motor Vehicles Act and allowed the similar Writ Petition wherein Driving License is withheld without any enquiry, in violation of contemplation of the Act, 1988.
3. The learned counsel for the petitioner also rely upon the order passed in similar Writ Petition in W.P.(MD)No.3002 of 2017, wherein this Court has passed the following orders under
Section 3 and
4 of Motor Vehicles Act, 1988.
?3.The Petitioner relied upon the Division Bench judgment of this Court in P.Sethuram Vs. The Licencing Authority, reported in 2010 Writ 3 L.R 100, wherein, at paragraph 8, it has been held as follows:-
?A bare reading of
Section 19(1) shows that the Licensing Authority has the power to revoke any license or disqualify a person for a specified period from holding or obtaining a driving license, if any of the contingencies prescribed in Clauses (a) to (h) of Sub Section (1) of
Section 19 arises. Moreover, the power under
Section 19(1) can be invoked only after giving an opportunity of being heard to the holder of the license and for reasons to be recorded in writing.?
4.In the light of the above judgment, the 2nd respondent is directed to return the original driving license in D.L.No.TN57 20060002589 to the petitioner herein forthwith.?
4. Following the above judgment, this Court is inclined to allow the Writ Petition, with a direction to the respondent to return the Original Driving License bearing No. D.L.TN41 19990003166, to the petitioner forthwith. However, this Court preserves liberty to the respondent to proceed under
Section 19 of Motor Vehicles Act, 1988.
5. With the above direction, this Writ Petition is disposed of. No costs.
To The Regional Transport Officer, Regional Transport Office, Dindigul Road, Palani, Dindigul District.
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